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HomeMy WebLinkAbout1989-Board of Zoning Appeals Minutes (7/5/1989) ��'� BOARD OF ZONING APPEALS July 5, 1989 PRESENT: Scott McDonald, Kevin McGee, David Nitkowski, Terry � Slover, Anne Hintz, Don Krueger STAFF: Susan K. Moore, Principal Planner; Diane Witzke, Recording Secretary Chairper�on McGee called the meeting to order at 3:35 PM. Roll call was taken and a quoruza declared present. The minutes of June 21, 1989 were approved as distributed. The minutes of the Executive Session of June 22, 1989 were approved as distributed. I. 2130 S. WASHBURN STREET - C.V. Spickler, owner Barry R. Lancet e, agent The applicant is requesting a variance to install a 6' fence having a 22 ft. front yard setback; whereas Section 30-26(D) (1) (b) of the City of Oshkosh Zoninc� Ordinance requires a 30 ft. minimum front yard setback and Section 30-29 (E) (1) states that fences and hedges less than 4 ft. high may be located within the front yard setback. The property is zoned M-2 Industrial. In answering questions from the Board, Mr. Lancette explained the ' following: He needs the 6' fence to maintain security against vandalism. They would like it at this location because of the grade elevation of their property and the existence of asphalt in the front yard setback. They would agree to put parking stops in that would prevent any �ortion of the vehicles parked in the area from being located within the required 30' front yard setback. They need room to walk around the vehicles to show them to customers anyway. Motion by Hintz to ap�rove a 6' fence having a 22 ft. front yard setback with the condition that parking stops at least 6" in height are installed to prevent any portion of the vehicles parked in the area from being located within the required 30' front yard setback. Seconded by Nitkowski. Motion carried 4-1. (Aye: McDonald, Nitkowski, Slover, Hintz; Nay: McGee) Regarding the findings of fact, Mr. Slover stated it would seem reasonable to allow him to place the fence at the end of the asphalt • area with the condition that vehicles not be parked within the 30 ' setback. (Mr. Krueger arrived at this time to make a 6 member Board. ) II. 2920 OREGON STREET - U.A.W. Local Union 578, owner : The applicant is requesting a variance to install 3 flag poles having front yard setbacks of 19 ' and 23 ' ; whereas Section 30-26(D) (1) (b) of the City of Oshkosh Zoning Ordinance requires a 30' minimum front yard setback. The property is zoned M-2 Industrial. In answering questions from the Board, Mr. William Siercks, Rt. 1, Box 322, Van Dyne, (representing the Union) explained the following: When the union hall was constructed they did not know that flag poles were considered structures. They would like to put up three flags. The building is set back 36 ' from the lot line and there is a 4 ' walk in BOARD OF ZONING APPEALS PAGE TWO JULY 5, 1989 front of the buildin� The flag poles will be mounted in a 10" square ; base that is level with the ground. The flag poles will be 3" in diameter. Ms. Moore stated that a representative of Valley Bank, an adjacent property owner, called and stated they had no objections to this request. Motion by McDonald to approve a variance to install 3 flac� poles having front yard setbacks of 19 ' and 23 ' . Seconded by Hintz. Motion ,. carried 5-0. Regarding the findings of fact, Mr. McDonald stated the flag poles need to be this far from the building to allow leeway for the flags to wave freely. There is no safety hazard and there are no objections from adjoining property owners. ' III. 618 E. PARKWAY AVENUE - Home Opportunities, Inc. , owner A vocap, Inc. , app icant The applicant is requesting a variance to provide parking with a 15 ' rear yard setback and a 1' side yard setback; whereas Section 30- 21(B) (1) (a) of the City of Oshkosh Zoning Ordinance requires a 10' minimum side yard setback for residential structures located within the C-1 Neighborhood Business district and Section 30-19 (B) (3) (d) requires a 25' minimum rear yard setback for structures having 2 stories or less. In answering questions from the Board, Diane Mayer, representative for Advocap, explained the following: They are rehabilitating this property and would like to remove the existing garage which is very dilapidated and place a parking area alongside the house. There is no other area that parking can be provided. This will be a low income rental unit and they only expect one car to be parked there. Motion by McDonald to approve a variance to provide parking with a 15' rear yard setback and a 1' side yard setback. Seconded by Nitkowski. Motion carried 5-0. Regarding the findings of fact, Mr. McDonald stated this is a substandard lot and the owner is not responsible for the configuration of the lot or the structure. This will be an improvement since a dilapidated garage is to be removed and there is no other alternative location for parking. IV. 1003 MT. VERNON STREET - Ken and Carole Kotloski, owners The applicants are requesting a variance to construct a free standing deck with a 5' front yard setback; whereas Section 30-16(B) (1) (c) of the City of Oshkosh Zoning Ordinance requires a minimum 25' front yard setback. In answering questions from the Board, Mr. Kotloski explained the following: They are trying to utilize as much of the back yard as possible for a recreational area. The deck will be less than 12" high and it will not obstruct anyone else's view. There is no other location for a deck and it will be a free standing structure that could be picked up and moved. They feel they will get a lot more use out of their land with a deck.